Disliked act

The Beloved Rasool صَلَّی اللہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّمَ has stated: ‘اَبْغَضُ الْحَلَالِ اِلَى اللّٰہِ تَعَالٰى اَلطَّلَاقُ’ I.e. Amongst Halal things, Talaaq [divorce] is the most disliked one in the sight of Allah عَزَّوَجَلَّ. (Abu Dawood, vol. 2, pp. 370, Hadees 2178)

Explanation of Hadees

‘Allamah Sharafuddin Husayn Bin ‘Abdullah Teebi رَحْمَۃُ اللہِ تَعَالٰی عَلَیْہِ (year of demise: 743 Hijri) has stated: This blessed Hadees mentions about the fact that Talaaq is Mashroo’ [مَشْرُوْع], i.e. if Talaaq is given, it will take place but it is ‘Mabghood’ [مَبْغُوْض], i.e. a disliked act in the sight of Allah عَزَّوَجَلَّ, such as offering Fard Salah at home without a Shar’i ‘Uzr [valid reason], and offering Salah on an usurped piece of land (as Salah will be valid in both of these cases but the one doing so will become a sinner); likewise, buying and selling on Friday after the Azan of Jumu’ah (as buying and selling will be valid but those doing so will become sinners). (Sharh-ul-Mishkat lit-Teebi, vol. 7, pp. 2342, Taht-al-Hadees 3280)

In the explanation of this blessed Hadees, ‘Allamah ‘Ali Bin Sultan Muhammad Qaari Hanafi رَحْمَۃُ اللہِ تَعَالٰی عَلَیْہِ (year of demise: 1014 Hijri) has stated: ‘اَصَحْ’ [i.e. the most correct opinion] is that it is forbidden to give Talaaq without Haajat [need]. The word Mubah is also used for something which is Mubah at certain times, i.e. giving Talaaq is Mubah only when its “Haajat and Zarurat [need]” is found. (Mirqat, vol. 6, pp. 422, Taht-al-Hadees 3280)

It is forbidden to give Talaaq without Haajat

Following is the translation and summary of a Persian Fatwa present in Fatawa Razawiyyah: There are three opinions of ‘Ulama regarding Talaaq being Mubah, i.e. permissible:

 1 The first opinion is that Talaaq is unconditionally Mubah, even if it is given without a reason.

 2 The second opinion is that it is not Mubah for the husband to give Talaaq except for the fact that the wife is old, ugly, or commits indecency; it is a weak opinion.

 3 The third opinion is that if the husband has a Haajat [need] for Talaaq, it is Mubah, otherwise forbidden; this very opinion is Sahih [authentic] and proved by proofs.

‘Allamah Muhaqqiq has declared it to be Sahih in Fath-ul-Qadeer and ‘Allamah ‘خاتمة المُتَحَقِّقِین’ Shaami has defended it which proves its authenticity. (Fatawa Razawiyyah, vol. 12, pp. 321, 322; summarised)

At another place, A’la Hadrat رَحْمَۃُ اللہِ تَعَالٰی عَلَیْہِ has stated: Giving Talaaq without a Shar’i reason is strongly disliked by Allah عَزَّوَجَلَّ. (Fatawa Razawiyyah, vol. 12, pp. 323)

Being Halal and being forbidden can coexist

Imam-e-Ahl-e-Sunnat, Imam Ahmad Raza Khan رَحْمَۃُ اللہِ تَعَالٰی عَلَیْہِ has stated: In a single thing, it is not unlikely for Hill-o-Hazr [being Halal and being forbidden] to coexist from two perspectives. Talaaq is ‘فِیْ نَفْسِہٖ’ [itself] Halal, and since [for a husband and wife,] Shari’ah likes living together and dislikes getting separated, it is forbidden [to give Talaaq] without a Haajat, or unlawfully. (Fatawa Razawiyyah, vol. 12, pp. 330)

Reasons for Talaaq being disliked

 1 In [giving] Talaaq, there is ungratefulness of the blessing of Nikah. (Mirqat, vol. 6, pp. 421, Taht-al-Hadees 3280)

 2 There is breaking off a relationship in it.

 3 By giving Talaaq, hatred and enmity develop in each other’s hearts.

 4 In most cases, the two parties indulge in Haraam because of Talaaq (as they indulge in backbiting against each other, hurting each other’s feelings, etc.). (Haashiya-tus-Sindi ‘ala Sunan Ibn Majah, vol. 1, pp. 500, Taht-al-Hadees 2018)

 5 In the sight of Satan, the most beloved act is to cause the husband and wife to get separated; therefore, amongst all Halal things, it is the most disliked act in the sight of Allah عَزَّوَجَلَّ. (Sharh-ul-Mishkat lit-Teebi, vol. 7, pp. 2342, Taht-al-Hadees 3280)

Rulings on different cases of giving Talaaq

Sadr-ush-Shari’ah, Mufti Amjad ‘Ali A’zami رَحْمَۃُ اللہِ تَعَالٰی عَلَیْہِ has stated: It is permissible to give Talaaq, but forbidden without a Shar’i reason. Moreover, it is Mubah if there is a Shar’i reason; in fact, it is Mustahab in some cases such as the woman hurts him or others, or does not offer Salah. Sayyiduna ‘Abdullah Bin Mas’ood رَضِىَ اللّٰہُ تَعَالٰی عَنْهُ has stated, ‘[Suppose] I appear in the court of Allah عَزَّوَجَلَّ in the state that I give Talaaq to the woman who does not offer Salah and I still owe her her Mahr; it is better than spending life with her.’ In some cases, it is Wajib to give Talaaq, for example, the husband is impotent or a transgender or someone has done magic on him such that he is not able to copulate and there seems to be no solution for it; as in these cases, not giving Talaaq means causing severe pain [to the woman]. (Bahar-e-Shari’at, vol. 2, pp. 110)

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